LEAP tells court three years of billing and payment confirm lease and seeks appellate fees

Lindsay Watkins, counsel for Leading Edge Equipment Partners, told the court that ‘‘For 3 years, LEAP leased pieces of equipment to HPJV for the Coleman Dock project’’ and that HPJV paid those invoices at consistent rates.

Watkins argued those facts—consistent provisioning of equipment, monthly invoices, and payment for the billed rates—demonstrate the existence of a lease and support affirming summary judgment. She also asked the panel to award LEAP its attorney fees on appeal under a public works bond statute cited in argument, noting the surety and principal would be jointly and severally liable per the statute.

On statute-of-frauds issues Watkins said two exceptions apply: goods received and accepted by the lessee, and admissions in pleadings or testimony. She pointed to HPJV’s interrogatory responses admitting it leased equipment directly from LEAP and argued those admissions make the lease enforceable despite limited written formalities.